The European Union agreed on Friday on a “media freedom law”, a first law of its kind that has sparked intense discussions on the issue of surveillance of journalists.
• Also read: Orban conditions aid for Ukraine on the release of all funds for Hungary
• Also read: The EU is reforming its electricity market to promote CO2-free energy
“For the first time at European level we have legislation that guarantees media freedom, media independence and the protection of journalists,” said German MEP Sabine Verheyen (EPP, right), rapporteur of the text, after negotiations between the European Parliament and the European Parliament member states.
She welcomed a “historic breakthrough”.
This draft regulation was presented in September 2022 by the European Commission to protect the pluralism and independence of the media in the face of a deterioration in the situation in EU countries such as Hungary and Poland, but also the Pegasus or Predator-type software spies deployed against journalists .
The agreement reached on Friday still needs to be formally adopted by the European Parliament and the Council (which represents the 27 member countries).
The text concerns in particular the preservation of the secrecy of journalistic sources and the prohibition of the use of this spy software in devices used by journalists.
During negotiations, France and several other member states insisted on including exemptions “in the name of preserving national security,” which raised concerns among the industry and press freedom defenders.
“No blank check”
The compromise text reached on Friday – which was not immediately available – “does not mention national security,” said Romanian MEP Ramona Strugariu (Renew Europe, Centrists and Liberals).
Surveillance, such as the use of spyware in devices used by journalists, is only possible if it is authorized by “a judicial authority or an independent authority,” Strugariu continued.
Ms Verheyen made it clear that this was only possible for “serious crimes”.
“There can be no misuse of spyware to access journalists’ sources or put pressure on them,” said European Commission Vice-President for Values and Transparency Vera Jourova.
“Any exception to the rule must be duly justified on a case-by-case basis, consistent with the Charter of Fundamental Rights and meeting a series of strict conditions (…) There is no blank check,” she continued.
Reporters Without Borders (RSF) congratulated itself on “achieving victory”. “Very great satisfaction (…) the mention of the exception clause on national security has been deleted,” reacted its Secretary General Christophe Deloire and welcomed “significant progress in the fight against surveillance and in protecting the secrecy of sources”.
“Mistake”
Another central point of the legislation: the question of moderating journalistic content through online platforms.
In order to prevent these platforms from arbitrarily deleting or restricting articles or video reports, the law provides for special treatment, in particular for media outlets that respect a series of independence conditions.
If a platform believes that the content of such media violates its usage rules, it must warn it 24 hours before a possible ban to give it time to defend itself. This period may be shortened, for example, in the event of a serious threat to security or public health.
One of the main technology lobbyists, CCIA Europe, criticized this provision, saying it “creates a loophole”. “Malicious actors posing as legitimate media companies can now abuse this mechanism to spread harmful content for 24 hours before action can be taken,” the organization fears.
The law also introduces transparency obligations regarding media ownership.
It also provides for the establishment of a new European Media Council composed of representatives of the twenty-seven national regulatory authorities. This body must ensure stricter monitoring of concentrations in this sector. It is responsible for issuing a non-binding opinion on these measures with regard to their impact on pluralism.